MALLIOTAKIS TO CITY OFFICIALS: DESTRUCTION OF RECORDS IRRESPONSIBLE, POSES THREAT

(***Letter Attached***)

Assemblywoman Nicole Malliotakis (R,C,I-Brooklyn, Staten Island) recently sent the attached letter to Mayor Bill de Blasio, Council Speaker Melissa Mark-Viverito, Councilmember Daniel Dromm, and Councilmember Carlos Menchaca expressing grave concern about the city’s plans to destroy the records of individuals who obtain New York City identification cards, through a program enacted by Int. No. 253-A.

In the letter, Assemblywoman Malliotakis expresses her concern that distributing government-issued identification cards to hundreds of thousands of individuals, many of whom reside in the country unlawfully, and destroying the records of those who possess the cards are a threat to public safety and national security. The lax requirements for obtaining a municipal identification card could provide access to individuals looking to conduct malicious activity. Malliotakis, who has previously stated her opposition to the program as a whole, believes that the destruction of these records would be irresponsible.

“Many of the program’s proponents responded to these concerns with arguments that the cards would actually increase security and aid law enforcement by identifying undocumented individuals living within New York City, providing an ancillary benefit used to build public support and persuade your colleagues in government. The purging of data authorized by [the statute] would more than simply compromise this benefit, it would create a new risk to the safety of all New York City residents in that, should someone use the program to create a fake identity for malicious purposes, we would be left without the means to learn how he or she created it,” the letter reads. “The City of New York would have issued an estimate half million identification cards and have no record of who those identification cards were issued to. The records provided to the city in pursuit of the identification cards carry their own inherent value.”

The 9/11 Commission report identified the use of identity fraud and falsified identifications by terrorists. “All but one of the 9/11 hijackers acquired some form of U.S. identification document, some by fraud. Acquisition of these forms of identification would have assisted them in boarding commercial flights, renting cars and other necessary activities.” The Commission recommended that the federal government set standards for the issuance of birth certificates and sources of identification, such as drivers licenses. “Fraud in identification is no longer just a problem of theft,” the report said.

Assemblywoman Malliotakis has also taken issue with the reasoning indicated by one of the bill’s sponsors, Councilmember Carlos Menchaca, to the press earlier this week in which he stated, “In case a Tea Party Republican comes into office and says, ‘we want all the data from all the municipal ID programs in the country.’” (http://www.huffingtonpost.com/2015/02/17/new-york-city-municipal-id-cards-_n_6700304.html) Malliotakis finds it dangerous, misguided, and irresponsible to take a political stance on an issue as critical as homeland security.

The letter suggests amendments to the law including the removal of subsection (e), which permits the destruction of records, and replacing it with language that would require the retention of records acquired through the IDNYC application process or, at the very least, ensure that the determination made by the administering agency before the 2016 deadline is made in full consideration of our city’s interest in law enforcement and counterterrorism. Malliotakis also urges an amendment to explicitly identify which documents are required in order to qualify for the card or, at the very least, codify the requirements presently indicated on the IDNYC application.

Finally, the letter expresses Assemblywoman Malliotakis’s concerns with how the document requirements were promulgated. Malliotakis inquires as to whether the U.S. Department of Homeland Security and the New York City Police Department Intelligence Division & Counterterrorism Bureau consulted during the creation of this program, whether the city has investigated or considered the ramifications of destroying files of hundreds of thousands of applicants who will now have government-issued identification cards, and what controls have been implemented to ensure that the documentation provided with an application is not fraudulent.

I write to you with regard to §3-115 of the New York City Administrative Code outlining the New York City Identification Card (“IDNYC) program, enacted by Int. No. 253-A (2014) co-sponsored by Councilmembers Dromm and Menchaca. My concern lies more specifically in subsection (e)(2) of the statute which states:

On or before December 31, 2016, the administering agency shall review data collected in the report described in subdivision h of this section and make a determination regarding the continuing need to retain records … and shall make any appropriate modifications to the policy for retention of records related to the New York city identity card program. [emphasis added].

This provision orders the administering agency to ascertain, by the end of 2016, whether the records

obtained through the program’s administration should be retained or destroyed.

Subsection (e)(3) reads, subsequently:

In the event that: (i) the administering agency fails to make a determination on or before December 31, 2016 pursuant to paragraph (2) of this subdivision, or (ii) the administering agency determines that records retention is no longer necessary, then the city shall not retain originals or copies of records provided by an applicant to prove identity or residency for a New York city identity card for longer than the time needed to review the application, and any such records in the city’s possession prior to such date shall be destroyed on or before December 31, 2016 or, in the case of an application pending on such date, as soon as practicable after a final determination has been made regarding the application. [emphasis added]

Alarmingly, this provision orders the city to destroy these records should the administering agency fail to enter the aforementioned determination by the required date, thereby creating a presumption that retention of records will not be necessary.

Even more alarming were statements made this week by Councilman Menchaca indicating the reason for the destruction of files would be politically motivated1 and not based on the safety and security of all New Yorkers2. I find this reasoning wholly irresponsible.

While the intent of this statute was to provide undocumented residents, including those unlawfully residing within the country, with government-issued identification, individuals may be taking advantage of this program for malicious purposes. As you surely recall, the ensuing debate over Int. 253-A yielded concerns with regard to security and the potential use of the identification cards to pursue committing acts of terrorism. Many of the program’s proponents responded to these concerns with arguments that the cards would actually increase security2 and aid law enforcement3 by identifying undocumented individuals living within New York City, providing an ancillary benefit used to build public support and persuade your colleagues in government. The purging of data authorized by subsection (e) would more than simply compromise this benefit, it would create a new risk to the safety of all New York City residents in that, should someone use the program to create a fake identity for malicious purposes, we would be left without the means to learn how he or she created it. The City of New York would have issued an estimate half million identification cards and have no record of who those identification cards were issued to. The records provided to the city in pursuit of the identification cards carry their own inherent value.

The ever-present fear of terrorism within our city has already been voiced with respect to this issue, but it must not be overlooked. While over a decade has passed since New York City was attacked on September 11, 2001, the threat endures. With the announcement of our nation’s escalated role in fighting the most violent and brutal terrorist organization the world has ever known5, accompanied by reports on how the members of that organization are attempting to infiltrate and attack nations that oppose it4, now is not the time to take a political stance at the expense of our efforts to combat terrorism here at home. It is dangerous and misguided.

I strongly urge you to amend §3-115 of the New York City Administrative Code by striking subsection (e) and replacing it with language that would require the retention of records acquired through the IDNYC application process or, at the very least, ensure that the determination made by the administering agency before the 2016 deadline is made in full consideration of our city’s interest in law enforcement and counterterrorism.

Furthermore, I remain concerned with how the program is fundamentally administered. Subsection (d) of the statute lists a variety of documents that can be provided in order to obtain an identification card, ranging from a foreign national identification card5, to a written verification issued by a homeless shelter that the applicant has been in the city for at least 15 days6, to “any other documentation that the administering agency deems acceptable.7” While the IDNYC application requires the production of multiple documents, weighted in accordance of their reliability and ability to withstand scrutiny8, the lax restrictiveness of the statute would permit these requirements to be relaxed and allow the IDNYC program to lower the standard for application. I strongly urge you to amend §3-115 by explicitly identifying which documents are required or, at the very least, codify the requirements presently indicated on the IDNYC application.

My final concern lies in questions as to how the document requirements were promulgated. Were the U.S. Department of Homeland Security and the New York City Police Department Intelligence Division & Counterterrorism Bureau consulted during the creation of this program? Have you investigated, or considered, the ramifications of destroying files of hundreds of thousands of applicants who will now have government-issued identification cards? Further, can you identify controls that have been implemented to ensure that the documentation provided with an application is not fraudulent?

I thank you in advance for your consideration of my suggestions, and anxiously await your response to my questions.

]]>http://brooklynconservativeparty.com/?feed=rss2&p=14640Read “Common Sense: Too little, too late” by Jerry Kassarhttp://brooklynconservativeparty.com/?p=1457
http://brooklynconservativeparty.com/?p=1457#commentsWed, 07 Jan 2015 04:19:56 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1457Find out what the County Chairman is referring to and the latest local information in Jerry Kassar’s Common Sense column in the Home Reporter and Brooklyn Spectator @ http://homereporter.com/?s=common+sense
]]>http://brooklynconservativeparty.com/?feed=rss2&p=14570Common Sense:Castro’s Christmas Gifthttp://brooklynconservativeparty.com/?p=1454
http://brooklynconservativeparty.com/?p=1454#commentsWed, 24 Dec 2014 21:39:33 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1454What is Obama doing now- another gift to the Communists and anti-American’s including those who are Americans but act inexplicably. Merry Christmas – enjoy Jerry Kassar’s column in Home Reporter and Brooklyn Spectator at http://homereporter.com/common-sense-castros-christmas-gift/
]]>http://brooklynconservativeparty.com/?feed=rss2&p=14540Read Common Sense: Silent Majority by Jerry Kassar here as published in Brooklyn Spectator and Home Reporterhttp://brooklynconservativeparty.com/?p=1450
http://brooklynconservativeparty.com/?p=1450#commentsThu, 11 Dec 2014 14:29:58 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1450
]]>http://brooklynconservativeparty.com/?feed=rss2&p=14500Read Common Sense: A Clear message for your election and local newshttp://brooklynconservativeparty.com/?p=1447
http://brooklynconservativeparty.com/?p=1447#commentsThu, 13 Nov 2014 14:12:01 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1447“Last week’s election results represented far more than simply a list of winners and losers. It was a clear message that the policies of Obama on a national level and de Blasio on a local level were immensely unpopular.”…Possibly the most expensive campaign in the history of Brooklyn, maybe the history of the United States from the perspective of dollars spent per vote, took place in the 48th Assembly District this year. read more @ http://www.homereporternews.com/news/government/common-sense-a-clear-message/article_66d9eee2-66e7-11e4-851a-23ce9d258401.html
]]>http://brooklynconservativeparty.com/?feed=rss2&p=1447052nd Annual Brooklyn Conservative Reception Honors Leaders and Candidateshttp://brooklynconservativeparty.com/?p=1435
http://brooklynconservativeparty.com/?p=1435#commentsThu, 30 Oct 2014 01:43:00 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1435Tom Long, Queens County Chairman received the James Gay Memorial Award and Cartrell Gore received the Alice Gaffney Memorial Award at the 52nd Annual Kings County Conservative Party Reception held at Vicolo Ristorante. A packed crowd honored these worthy recipients of awards named for true patriots. State Chairman Michael Long, Brooklyn Chair Jerry Kassar and Vice Chair Fran Vella-Marrone, Executive Committee and members of the Party were joined by friends, members and State Senator Marty Golden, Assemblywoman Malliotakis, Assemblyman Dov Hikind, as well as Conservative Party candidates including Stamatis Lilikakis. While the festivities went on Congressman Grimm dominated his opponent on a NY1 debate.

]]>http://brooklynconservativeparty.com/?feed=rss2&p=14350Your Brooklyn Conservative Party Slate- Vote Conservative on November 4th!http://brooklynconservativeparty.com/?p=1433
http://brooklynconservativeparty.com/?p=1433#commentsThu, 23 Oct 2014 17:52:50 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1433Your Conservative Party (Column C) Candidates. Come Out and Vote for them on November 4th!

Governor

Rob Astorino

Lt. Governor

Chris Moss

State Comptroller

Robert Antonacci

Attorney General

John Cahill

Supreme Court

Philip J. Smallman • Anthony R. Caccamo

Matthew A. Doheny • Dennis W. Houdek

Civil Court

Vincent F. Martusciello

Congress

7th CD – Allan E. Romaguera

8th CD – Alan Bellone

9th CD – Daniel J. Cavanagh

10th CD – Ross Brady

11th CD – Michael G. Grimm

12th CD – Nicholas S. Dilorio

State Senate

17th SD – Simcha Felder

18th SD – Johnathan H. Anderson

19th SD – Elias J. Weir

20th SD – Menachem M. Raitport

21st SD – Herman G. Hall

22nd SD – Martin J. Golden

State Assembly

41st AD – Sura Yusim

42nd AD – Brian W. Kelly

43rd AD – Cartrell Gore

44th AD – Mike Yusupov

45th AD – Mikhail Usher

46th AD – Stamatis Lilikakis

47th AD – Joseph Baranello

48th AD – Dov Hikind

49th AD – Henry Lallave

51st AD – Sandra Palacios-Serrano

52nd AD – John Jasilli

54th AD – Khorshed Chowdhury

59th AD – Jeffery J. Ferretti

60th AD – Leroy R. Bates Sr.

64th AD – Nicole Malliotakis

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http://brooklynconservativeparty.com/?feed=rss2&p=14330Is there really any debate? – Read Common Sense:Debating the Debate by Jerry Kassar in Home Reporter & Brooklyn Spectatorhttp://brooklynconservativeparty.com/?p=1429
http://brooklynconservativeparty.com/?p=1429#commentsThu, 23 Oct 2014 15:34:03 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1429With no-show Dom, over-his head Kemmerer, and Brook-Krassny befuddled, the latest debates have made clear why the Conservative Party candidates (Golden, Lilikakas, and Grimm) deserve your vote. These debates and more neighborhood news are discussed in this weeks column by Jerry Kassar see http://www.homereporternews.com/news/government/common-sense-debating-the-debate/article_d55ccbb2-58a2-11e4-a15a-cffcb897f315.html
]]>http://brooklynconservativeparty.com/?feed=rss2&p=14290Vote No On Ballot Proposition 3: Smart Schools but Not a Smart Proposalhttp://brooklynconservativeparty.com/?p=1426
http://brooklynconservativeparty.com/?p=1426#commentsThu, 16 Oct 2014 16:42:41 +0000Brooklyn Conservativeshttp://brooklynconservativeparty.com/?p=1426The New York State and Brooklyn Conservative Party urge a no vote on NYS ballot initiative number 3. The ballot proposal is presented as a beneficial bond program to purchase equipment for schools. However, the result will be additional debt burden down the road to purchase equipment and technology that will long be obsolete before the cost is paid. It is an irresponsible proposal and does not offer any solution. Public and private investment in education is required. Bonds and additional debt are not the way to do this. A Press release from the NYS Conservative Party is linked here http://www.cpnys.org/sites/cpnys.org/files/Press_Release_on_Proposal_Three_Smart_Schools_Bond_Act_of_2014.pdf
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